Robert P. McGovern, Jr., Esq. v. Suffolk County Sheriff's Department (SPR 20160057)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 12, 2016 SPR16/057 Mr. Peter Van Delft Suffolk County Sheriff's Department 200 Nashua Street Boston, MA 02114 Dear Mr. Van Delft: I have received the petition of Robert McGovern, Jr. of the Boston Herald appealing the nomesponse of the Suffolk County Sheriff's Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. McGovern requested records regarding e-mails relating to phone calls made by a specifically identified former inmate. Having received no response, Mr. McGovern petitioned this office. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1 0( c); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Subsequent to the intervention by a member of my staff, this office was notified that the Department intends to provide a response to Mr. McGovern. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the Department provides a response within ten (10) days. Mr. McGovern may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist the Department in responding to requests for public records I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Peter Van Delft SPR16/057 Page2 February 12, 2016 also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. Enclosure cc: Mr. Robert McGovern, Jr., Esq.